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Mediation vs Eviction: What’s Best? A Landlord’s Guide
If a Tenant falls behind on rent or violates the Lease Agreement, Landlords need to be proactive about addressing the issue. Sometimes, a simple reminder or notice can resolve things, but if it doesn’t, Landlords need to consider their options.
While evictions are sometimes necessary, there are times when tenant mediation is a better alternative for both the Landlord and Tenant. To help you decide if this is a good option for you, here’s an overview of landlord tenant mediation, why it’s helpful, and when it’s a good choice.
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What Is Landlord-Tenant Mediation?
Landlord-tenant mediation is a voluntary process that Landlords and Tenants can enter into to resolve a landlord tenant dispute. It involves a neutral third party to help the parties come to a mutually beneficial and legally binding resolution.
Before starting the process, the parties can decide on the format – whether it will be one session with the Landlord and Tenant both present or on a video call, or whether each party will just communicate with the mediator over a set period of time.
At the start of the mediation, the parties usually sign a confidentiality agreement. At the conclusion, they sign a legally enforceable contract, known as a resolution agreement.
If the process is successful and the parties sign a resolution agreement, it becomes an addendum to the original Lease Agreement. This resolution is another contract between the parties. If it’s not followed, the Landlord can then go to court or initiate eviction proceedings.
Some common situations where Landlords use mediation are:
- Unpaid rent
- Security deposit disputes
- Lease violations – for example, pet violations or noise complaints
- Maintenance disputes
Benefits of Mediation Compared to Eviction
Landlord-tenant mediation is increasingly popular because it offers some clear benefits for both Landlords and Tenants. Some of the benefits of using tenant mediation instead of filing for an eviction are:
- It’s an efficient process that can result in a quick resolution.
- There is no risk of losing for Landlords.
- It’s significantly cheaper than an eviction. Some cities offer free landlord tenant mediation, while others offer community mediation centers that range from $50 to $200. The cost of a private mediator ranges from $150 to $500 per hour. Most landlord-tenant disputes can be resolved in 2 to 4 hours. In contrast, the typical eviction costs range from $3,500 to $10,000.
- There’s an increased chance of property owners getting past-due rent because Tenants are invested in the process and the resolution agreement.
- There is no eviction record for Tenants.
How Mediation Differs from the Eviction Process
Mediation and eviction are very different strategies for resolving Tenant disputes. Some of the unique features of mediation are that it’s:
- Voluntary – both parties have to agree to participate in mediation; it is not a required process
- Confidential – the parties sign a confidentiality agreement, and the details of the mediation are not made public
- The result – there is no winner or loser in mediation; instead, the parties agree upon a mutually beneficial resolution
- Cost – mediation can cost anywhere from nothing to a few hundred dollars; it is significantly less expensive than an eviction.
Mediation vs Eviction
| Mediation | Evictions |
| Voluntary – both parties opt in and are personally invested in the process | Involuntary – Landlord initiates eviction proceedings, and Tenant must comply with procedural rules |
| Proceedings are confidential | Filings are public records and result in an eviction history for renters |
| There is no risk of losing – the parties agree on a Resolution Agreement | Judges decide the outcome, and one party will lose |
| Costs range from $0 – $1,000 | Costs range from $3,500 – $10,000 |
When Does Mediation Make Sense for Landlords?
While there are some clear benefits of using mediation, it’s not always the right choice for Landlords. After all, if a Landlord has ongoing issues or major problems with a Tenant, it might be time for an eviction.
That said, it’s a good option when:
- A Tenant wants to stay, and there’s a realistic plan to ensure the Tenant is able to pay rent and comply with the rental contract terms. This works best when there are one-time, unusual situations – for example, a job loss, major life event, or illness.
- There’s a dispute resulting from bad communication or misunderstanding – for example, a lack of clarity about maintenance responsibilities, noise, or guest policies.
- The Landlord wants a structured way to end the rental agreement – for example, a Cash for Keys Agreement.
As a general rule, mediation is a good option when a renter is willing and able to comply with the Lease terms. If a Tenant is unable to comply or unwilling to communicate, evictions are the better option. Landlords should never mediate when there are safety issues – for example, violence, drugs, or threats.
Tips for Successful Landlord-Tenant Mediation
If you decide that landlord tenant mediation is right for you, here are some tips to help make the process as stress-free and effective as possible:
- Have a clear idea of what you want to accomplish and what you’re willing to compromise about BEFORE starting mediation.
- Have documentation available if needed. You may not need it, but you should have it accessible in case you do. Come to mediation with a copy of your Lease Agreement, landlord-tenant communication records, rent payment history, and maintenance record.
- Stay focused on the future. It can be tempting to focus on past mistakes. Be forward-looking and focus on what you want to accomplish with the mediation.
- Offer your Tenant clear and simple solutions. Keep solutions simple to make it easy for all parties to comply with the terms of the resolution agreement.
- Be firm on issues that must be resolved – for example, getting current on rent payments.
- Be flexible on how issues are resolved and make an effort to work with your renters on a reasonable resolution agreement.
Legal Considerations for Landlords Using Mediation
One of the most common questions about housing mediation is legal considerations, including landlord rights and tenant rights. Here’s a checklist to help ensure legal compliance:
- Parties do not have to hire a lawyer, but they can consult or hire legal representation to guide them through the process.
- Landlords cannot force a Tenant to participate in mediation or to reach a resolution during the process.
- The resolution agreement must comply with all local, state, and federal landlord-tenant laws.
- All tenant mediation discussions and proposals must be kept confidential.
- Once both parties sign a mediation agreement, it’s a legally binding contract.
Get the Forms & Resources You Need to Handle Tenant Issues
It’s stressful when a Tenant falls behind on rent or violates the Lease Agreement. Our advice to Landlords is to be proactive. Both parties should address an issue as soon as it arises. While eviction is sometimes necessary, it’s helpful to understand that there are eviction alternatives. Tenant mediation can be a great strategy for rental dispute resolution.
Whether you need a Late Rent Notice, a Notice to Quit, or state-specific eviction forms, ezLandlordForms has you covered. Create a free account today to help resolve Tenant issues and maximize your rental business returns.
Emily Koelsch, ezLandlordForms Contributing Writer
Emily Koelsch is a freelance writer and blogger, who primarily writes about business, real estate, and technology.
